Monmouth County Sexual Assault Lawyers

How Is Sexual Assault Defined?

Sexual assault is a very serious crime. This offense covers what is commonly referred to as rape and is triggered whenever there is sexual penetration of another person without their consent. Sexual penetration includes:

• Vaginal intercourse
• Oral and anal sex
• Inserting your finger (i.e. digital penetration), hand, or an object into the anus or vagina

A sexual assault can also occur if an adult has sexual contact with a child that is at least four (4) but less than thirteen (13) years of ago. “Sexual contact” is defined in N.J.S.A. 2C:14-1(d) as the intentional touching of a person’s intimate parts for the purpose of degrading or humiliating the victim or sexually arousing or sexually gratifying the actor.

The more frequently encountered pedigrees of sexual assault stem, however, from sexual penetration and sometimes even some form of sexual violence. N.J.S.A. 2C:14-2b criminalizes sexual penetration under the following circumstances:

1. The actor uses physical force or coercion but, the victim does not sustain severe personal injury;
2. The victim is on probation or parole or is detained in a hospital, prison or another institution and the actor has supervisory or disciplinary power over the victim by virtue of the actor’s legal, professional or occupational status;
3. The victim is at least 16 but less than 18 years old and;
4. The actor is related to the victim by blood or affinity to the third degree; or
5. The actor has supervisory or disciplinary power of any nature or in any capacity over the victim; or
6. The actor is a resource family parent, guardian, or stands in loco parentis within the household;
7. The victim is at least 13 but less than 16 years old and the actor is at least four years older than the victim.

There are obviously numerous scenarios of sexual abuse, some of which involve child molestation, that can result in a N.J.S.A. 2C:14-2 offense. Our lawyers are adept in defending all forms of sexual assault and certainly are well acquainted with the Monmouth County Superior Court given that many of them have worked at the courthouse in Freehold for decades. In fact, two of the members of our team served as a Monmouth County Prosecutor and two others as head of Sex Crimes Units of other prosecutor offices. If you have been charged with Rape in Monmouth County, we certainly have the team of criminal attorneys to vigorously defend you.

Fines, Imprisonment & Other Penalties

Sexual Assault is a crime of the second degree. An offense falling within this grade exposes an individual to:

• A prison term of between five (5) and ten (10) years. In addition, sexual assault triggers application of the The No Early Release Act (“NERA”). NERA requires that an individual serve 85% of his/her prison term before they are eligible for parole.
• The fine for a sex assault is up to $150,000.

While these penalties are bad enough, the fines, jail time and other consequences are even worse for Monmouth County aggravated sexual assault charge.

Sex Offender Restraining Order. It is also possible for you to be subjected to a restraining order that will prohibit you from any contact with your accuser, including visiting his/her residence, place of employment or school.

There is no room for inexperience with stakes as high as these so take the time to look closely at the credentials of the Monmouth County sexual assault defense lawyers you are considering. You need real experience rather than fancy rhetoric. We know that the attorneys at our law office have exactly what you need but we will leave it up to you to do the necessary due diligence.

Megan's Law & Community Supervision for Life

A plea of guilty or a conviction for sexual assault in Monmouth County carries a Megan’s Law registration requirement and community supervision for life (a.k.a. parole supervision for life).

• Megan’s Law is designed to track the whereabouts individuals who are considered “sexual predators”. An individual falls within this categorization if they are convicted of sexual assault. Megan’s law requires that a sex offender register with their local police department, report annually to the same agency and immediately inform law enforcement of any change in address. An individual may also have his identity posted on the sex offender internet registry if they are deemed a Tier II or III offender.
• A special sentence of Community Supervision For Life (“CSL”), which is now referred to as Parole Supervision for Life (“PSL”), must also be imposed when someone is convicted for sexual assault. This results in parole supervision, internet restrictions and other consequences that can literally impact an offender for his/her entire life. A violation of internet restrictions or other terms of parole result in a separate criminal charge.

Megans Law and PSL are collateral consequences of a sexual assault conviction can follow an individual around permanently. The stigma and other impact of being labelled as someone prone to commit abuse can be totally debilitating. You need to give yourself the best chance of avoiding ramifications that are as life changing as these so make sure you take the time to hire the right Monmouth County criminal attorneys to defend a sex crime like sexual assault. Marshall Criminal Defense welcomes the opportunity to represent you in this capacity.

Pretrial Release or Detention

New Jersey no longer has classic bail. The process for pretrial release now requires that a defendant be taken to the Monmouth County Correctional Institute following a sexual assault arrest. An initial appearance is thereafter conducted within 48 hours. The defendant will be released on conditions at that proceeding absent a motion to detain filed by the prosecution. Conversely, the accused is held for an additional three (3) days if a detention motion is filed. The court holds a full hearing to determine whether an individual should be released on conditions or detained until trial. It is certainly in a defendant’s best interests to hire a seasoned criminal lawyer as soon after being arrested as possible so that they can properly prepare for the initial appearance and/or detention. hearing.

Contact Our Accomplished Monmouth County Sexual Assault Defense Lawyers For The Help You Need

When you’ve been defending clients arrested for sexual assault in Monmouth County as long as us, you have heard just about every bad faith motive for 2C:12-4 charges under the sun. Whether its to gain leverage for child custody, retaliation by a child because of a threat to divorce their favored parent, rejection of someone with whom you had consensual sex, or another scenario, the end result can be overwhelming.

You need a criminal defense with real muscle and this is why you should contact Marshall Criminal Defense immediately. Our team not only has over 200 years of experience defending sex assault, child pornography and other sex crimes in Monmouth County but also features two attorneys who served at the highest levels at the Monmouth County Prosecutors Office. This is the same agency that will control what happens in terms of prosecution of your sex crime charge. As if these qualifications weren’t impressive enough, we also have two lawyers who have served as Directors of Sex Crimes Units of County Prosecutors Offices around the state.

To take advantage of a free initial consultation, call 732-462-1197 for immediate assistance from a sex crimes defense lawyer from our firm. Attorneys are available around the clock to help you so contact us whenever the need arises.

Frequently Asked Questions